Fence panels blown down in storms (months ago), but school won't replace them...

Bobolink

We had a few fence panels blow down as did neighbours in the storms a couple of months back. The fence panels separate our property and that of the school which lies adjacent to our back gardens.

The school has always maintained the fences and was the first to install them about 25 years ago. But now, their bursar is 'seeking legal advice' to see whether they are 'liable' for the fence panels.

As I type this, the fence panels are still on the ground. I'm fed up and want to get them repaired but one of my neighbours says if we do this then we are effectively saying that we're responsible for their upkeep.

So I was considering getting the panels replaced and forwarding the invoice to the school bursar with the threat of the small claims court. Would a small claim court case work with this type of thing? It's compromising the school's security, as well as ours.

Thanks in advance! :beer:

RadoJo

I woudl check who is actually responsible before doing anything rash and ending up with the whole bill! I understand why the school would want to check their position before doing anything (particularly with the limited budget they will have!), but I also understand your frustration at the situation! It shouldn't be too hard to find out who IS responsible, and then you can solve the problem. Is there no mention of fencing on the deeds to your property, or an agreement made with the school at the time the fence was installed?

dangeroussports

The school will write to you accordingly. Its a local government thing.It'll take ages.

Why not get a cheap quote and send them the quotes? Chances are they'll be cheaper than the council list rip offs.

That way your helping the school in your own way.

SaraSeahorse

if the fence is not their responsibility then sending them a bill is pointless


where are the boundaries marked on your deeds?

you don't have to maintain a fence on a boundary I believe anyway.

As long as the fence is not dangerous

Bobolink

Sorry I should have said (didn't think it was relevant) it's a private school, so I guess there's no local government to go to and no cash-flow problems either

According to neighbours who lived here since the houses were built, the school put up the fences and replaced them about 15 years ago themselves. I'm taking that as their liability

LittleVoice

Private schools need to keep an eye on their costs too!

SaraSeahorse

them erecting a fence makes the fence their property they may not have to do so but had chosen to


maintaining a boundary does not mean necessarily having an erect fence

SaraSeahorse

you may find this site and its forum useful

http://www.gardenlaw.co.uk/boundaries.html

Bobolink

That site seems pretty good, thanks!

What is strange is that last time and all previous times the panels came down, they were quick to send their maintenance guys round to pop them up again, but now they are completely silent. If we phone, the bursar isn't in, if we write, they never reply. :rolleyes:

ariba10

If I remember right the only people that are required by law to fence their property are the railway companies.

So if they decide not to repair the fence there is not a lot that can be done,

kittiwoz

Surely being a school they have to repair the fence in order to secure the grounds? It is a child protection issue. When I worked on a playscheme I had to do a sweep of the grounds each morning to ensure there was nothing that could present a danger to the children such as broken glass or damaged fencing that could allow a child to leave the site and subsequently come to harm or conversely that could allow entry to any unauthorised persons. They may have no direct legal responsibility to maintain the fence but surely their responsibilities towards their charges amount to this in the same way that a dog owner would be bound to mend the fence to meet their legal responsibility to constrain their animal?